A California-based distributor challenging Montana's milk freshness rule as too restrictive is taking its case to a federal appeals court.
Core-Mark International appealed to the 9th U.S. Circuit Court of Appeals Friday after U.S. District Judge Sam Haddon dismissed the case.
Montana requires that milk be removed from store shelves 12 days after pasteurization. Core-Mark says the milk it distributes remains safe for at least 21 days after the pasteurization date.
It says the Montana rule unnecessarily increases costs by forcing the processor to make separate labels and the distributor to make smaller, more frequent deliveries.
The company was seeking to label Dairy Gold milk containers with both Montana's "sell-by" date and a later "use-by" date.
Haddon ruled the company had no standing to sue because it is not the milk packager.